Call Mike DeWine and Demand Ohio Join the NC Law Suit against the DOJ – 800-282-0515

May 18, 2016

The Honorable Mike DeWine

Ohio Attorney General

30 E. Broad St., 14th Floor

Columbus, OH 43215

Dear Attorney General,

On behalf of the group leaders, members and citizens represented by the names below, we write to urge your office to join our Great State of Ohio in the Federal Lawsuit filed by the State of North Carolina and joined by the State of Texas, against the Federal Department of Justice. We ask you to do this to prevent the DOJ’s “radical reinterpretation” of Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments adopted in 1972, and the Violence Against Women Reauthorization Act of 2013 which is intended to deny women and children in Ohio with the right to privacy in the bathroom, locker room and shower that they have long enjoyed.

While we respect the right of all Americans, so called “transgendered rights” are not absolute and should not trump other citizen’s constitutional rights of privacy, free expression, or religious freedom. As Governor McCrory’s complaint observes, North Carolina’s law attempts to strike a balance between these competing rights and interests by providing accommodations in public facilities for transgendered individuals. But this balance is not what the Department of Justice wants to secure. Instead, it wants transgender rights to trump all other rights claims.

The text of Title VII (42 U.S.C. § 2000e) prohibits discrimination in employment on the basis of an individual’s “race, color, religion, sex, or national origin.” This statute was enacted by Congress and signed by the president. Title VII says nothing about gender, sexual orientation, or gender identity. Nevertheless, the Department of Justice, purportedly enforcing Title VII, alleges that “sex” as used in the statute should be interpreted to include one’s chosen “gender identity.” Thus, according to the Department of Justice’s interpretation, conditioning access to public restrooms, locker rooms, and prisons on the basis of one’s biological sex markers (such as male genitalia) is discrimination on the basis of gender identity, which is tantamount to discrimination on the basis of sex in violation of Title VII. In the words of the governor’s complaint, this is a “radical reinterpretation of Title VII.” Who could disagree? Sex is not gender and gender is not a protected class. Congress has been clear on that topic.

Furthermore, as Robert McFarland from the Witherspoon Institute points out, the Tenth Amendment continues to reserve powers to the states unless they are enumerated among federal powers. Thus, the most fundamental question regarding the legality of the Department of Justice’s demands is simply this: what enumerated power allows you to demand that the governor of the state of North Carolina, or Ohio, cease and desist enforcement of North Carolina’s laws? What constitutional authority allows the Obama administration to tell North Carolina or any state that it must allow individuals to enter restrooms on the basis of their chosen gender identity rather than on the basis of their biological reality? Let alone that every school in the United States, including Ohio, must allow this radical revocation of women’s rights!

It is clear, that Ohio must defend it’s Constitutional rights and the individual rights of our women and children. There is an intent in this action by President Obama and the radical leftist in his administration, not to protect transgender rights which were not an issue before this action, but to create a divisive issue and a new victim class in order to promote their anti-american agenda. We must not be bullied by our Federal Government and we must take immediate action to defend our individual rights. It is your duty as our legal representative in such matters to take decisive action on our behalf. We ask you as Attorney General of Ohio to join the suit immediately and to encourage other state Attorneys General to follow your lead.